The FCC Office of Engineering and Technology asked for supplemental comment on a methodology for predicting potential interference between broadcast TV and licensed wireless services in the incentive auction. In response to the NPRM and the 600 MHz band plan supplemental public notice, some commenters raised concerns about co-channel and adjacent-channel interference between TV and wireless services in nearby markets as a result of accommodating market variation, OET said Wednesday (http://bit.ly/1ffr6KP). “Some commenters proposed separation distances between the two services. The most common approach commenters propose is to use a pre-defined separation distance between TV and mobile service areas. Commenters proposed distances that varied significantly -- ranging from 100 kilometers to 500 kilometers -- and generally provided limited technical analysis in support of these proposals.” Comments are due Feb. 28. Thursday’s FCC meeting will hear an update on the incentive auction. (See separate report in this issue.)
The FCC’s spectrum auction update should go beyond dates and timelines and dig into the substantive issues on the auction, said NAB Executive Vice President-Strategic Planning Rick Kaplan in a blog post Wednesday (http://bit.ly/1aFEKrW). The time is “ripe” for FCC staff to reveal its approach to “hotly contested topics” on the auction, Kaplan said. NAB would like the commission to announce early which broadcasters will receive protection in the repacking, relocation and protection procedures for translators and low-power TV, and the eligibility constraints placed on forward auction bidders. The commission should also announce that all changes to repacking software OET-69 will be dropped, and form an expert group to evaluate the repacking software, he said. The FCC should also release more information about its work in resolving spectrum issues along the Canadian and Mexican borders, Kaplan said. Such a release would “not merely list the number of meetings with Canada and Mexico; but rather, will detail how the staff intends to proceed if it has no agreement in place with one or both countries,” he said. FCC Chairman Tom Wheeler told lawmakers he doesn’t expect to have such agreements, Kaplan said. “Assuming that it is even lawful to proceed with the auction without these agreements (and NAB believes it is not), how will a lack of meaningful coordination affect the auction and the amount of spectrum recovered across the country?” Kaplan asked. The update should also include updates from FCC staffers on their current thinking on the 600 MHz band plan and their plans for wireless microphones, and the FCC should release a public notice on co-channel interference, Kaplan said. Wheeler should also “publicly affirm” that the FCC won’t “take actions to harm broadcasters in unrelated proceedings to encourage participation in the auction,” Kaplan said. “If there was ever a time the Commission needed to develop trust with broadcasters, that time is now,” said the blog post.
Iridium again said FCC’s mobile hearing aid compatibility rules aren’t needed or appropriate for the mobile satellite services industry. The company’s system has unique characteristics that include a limited amount of unpaired L-band spectrum in which it conducts both uplink and downlink operations, a truly global communications system covering the entire earth and “handset distribution through third party vendors and no direct to consumer sales,” it said, reporting in docket 07-250 on a meeting of company lawyers with acting Chief Roger Sherman and others in the Wireless Bureau (http://bit.ly/1edRhSH). There’s nothing in the record of the current proceeding to support a determination by the FCC that application of HAC obligations to non-ancillary terrestrial component MSS would be technologically feasible, it said. The costs and complexities inherent in developing new HAC-compliant non-ATC MSS devices “could cause difficulties in successfully marketing the devices,” it said.
Five technology companies dropped motions jointly filed with the Foreign Intelligence Surveillance Court asking permission to release more data about FISC orders, said documents filed Monday with the FISC (http://1.usa.gov/M9TQub). The companies -- Facebook, Google, LinkedIn, Microsoft and Yahoo -- received permission from the Justice Department Monday to release some information about how many national security orders they receive, and the number of customer accounts targeted with those orders (CD Jan 28 p10). The five companies said in a joint statement that they believe “the public has a right to know about the volume and type of national security requests we receive. We're pleased the Department of Justice has agreed that we and other providers can disclose this information.” The companies said they'll “continue to encourage Congress to take additional steps to address all of the reforms we believe are needed.” Privacy advocates welcomed the decision, in news releases after the administration’s announcement, but said the government could go further. “This is a victory for transparency and a critical step toward reining in excessive government surveillance,” said Alex Abdo, staff attorney with the American Civil Liberties Union’s National Security Project (http://bit.ly/MmGnQB). “Companies must be allowed to report basic information about what they're giving the government so that Americans can decide for themselves whether the NSA’s spying has gone too far.” The ACLU and four other consumer advocates -- the Center for Democracy and Technology, Electronic Frontier Foundation, First Amendment Coalition and TechFreedom -- filed an amicus brief to the FISC in support of the tech companies’ motions. TechFreedom President Berin Szoka wants the government to go further, he said (http://bit.ly/1k2fgWe). He said the concessions “go just far enough” so President Barack Obama can point to examples of specific surveillance reform in Tuesday’s State of the Union address “without providing Americans the full transparency we need to have a rational debate about balancing national security with privacy.” Szoka pointed to the six-month delay for reporting data, the two-year delay for reporting FISC data and the requirements that the reporting be done in ranges of 1,000: “The transparency allowed by the agreement will paint only a picture of surveillance in the broadest of brush strokes.” Abdo agreed that “even more is needed” on transparency. “Congress should require the government to publish basic information about the full extent of its surveillance,” he said, “including the significant amount of spying that happens without the tech companies’ involvement."
Correction: Ex-Commerce Department General Counsel Cameron Kerry is now affiliated, in visiting capacities, with the Brookings Institution and Massachusetts Institute of Technology’s Media Lab (CD Jan 28 p7).
The FCC filing last week in LightSquared’s bankruptcy proceeding likely wasn’t intended to shut the door on the company, said a Medley Global Advisors analyst. The commission said it’s not in a position to confirm whether it can complete the work required to approve LightSquared’s preferred bankruptcy exit plan by Dec. 31 (CD Jan 22 p6). “More likely, the FCC indicated it was keeping the door open (even if narrowly) without predicting which way it might swing in the future,” said analyst Jeff Silva in a research note. The statement, taken in isolation, was arguably not the ideal message LightSquared and its $4 billion reorganization backers wanted in front of the bankruptcy judge so late in the game, he said. “But neither was it necessarily lethal for LightSquared.” That the FCC, NTIA and other agencies in the Obama administration have chosen to remain engaged on the company “suggests some level of political will exists to contemplate reinstatement of LightSquared’s license” and ancillary terrestrial component waiver, he said.
Municipal broadband systems typically charge consumers substantially more than their private-sector rivals for similar triple-play offerings, the Phoenix Center found in a study released Monday (http://bit.ly/1mPncJN). “The evidence suggests that the government’s provision of broadband services does not lead to lower prices,” said Phoenix Center Chief Economist George Ford, in a statement. “While municipal entry may serve valid purposes, lower prices do not appear to be one of them.” The competitive price for a standard triple-play service is about $100 in the U.S., and “the expansion of municipal provision of broadband service won’t alone alter that reality,” the paper said. It’s also not possible to conclude that a lower price implies better consumer welfare, the paper said. The study said it sought to “correct the errors” in a Consumer Federation of America report urging governments to “intervene to protect the public” by building more municipal networks to compete with private-sector providers.
A move to give states USF money in line with what they pay in to the fund is understandable, but has some troubling implications, said Aspen Institute Fellow Blair Levin Monday in remarks to the Alaska Telephone Association. Levin reacted to legislation introduced in December by Sen. Kelly Ayotte, R-N.H., which would ensure rural states get back 75 cents of every dollar they pay into the fund (http://1.usa.gov/M6dTts). “The troubling part is that if Senators look at the issue through the lens of their own state and only try to solve for the question of how to get their state more money or find a formula that works best for their own state, we will never improve Universal Service,” Levin said in prepared remarks. “Indeed, it is unlikely that Universal Service will survive, unless, like mythical Lake Woebegone, we can create a situation in which all states are above average in obtaining USF support.” The House Republican leadership is proposing to rewrite the Telecom Act, noted Levin, a Democrat and primary author of the FCC’s 2010 National Broadband Plan: “If the Republicans take the Senate, delivering a bill whose purpose will be dramatic deregulation is not unthinkable.”
Communications providers will be allowed to disclose the “number of national security orders and requests issued to communications providers, and the number of customer accounts targeted under those orders and requests including the underlying legal authorities,” said Attorney General Eric Holder and Director of National Intelligence James Clapper in a joint statement Monday (http://1.usa.gov/1et64oR). They said the move arose from President Obama’s speech on surveillance, in which he outlined several proposed changes to the government’s information collection practices (CD Jan 21 p1). After consulting with other agencies, Clapper’s office “determined that the public interest in disclosing this information now outweighs the national security concerns that required its classification,” the statement said. “Permitting disclosure of this aggregate data resolves an important area of concern to communications providers and the public.” The statement also indicated “additional steps must be taken” in the coming weeks “to fully implement the reforms directed by the President."
The framework for moving forward with IP transition trials will be based on the four principles laid out last spring by FCC Commissioner Jessica Rosenworcel, industry and agency officials told us. The principles include protecting public safety, preserving universal service, keeping competitive markets functioning and protecting consumers. An order has been circulated that would set procedures for proposing and evaluating IP transition trials, and is likely to be supported by all the commissioners (CD Jan 10 p1). The commission will also consider an NPRM and NOI at the FCC meeting, according to a notice released Thursday (http://fcc.us/KQ20qQ). In addition to setting the framework for the IP transition and related trials, the order considers ways to encourage broadband buildout in rural areas, industry officials said. In meetings last week, CenturyLink officials described their plans for “proposed transition to new third party points of connection, transition from existing TDM hub and spoke architecture, and a model for a packet switched voice network with state level connectivity” (http://bit.ly/1hsTxFa). The Communications Workers of America spoke Wednesday with the FCC’s acting General Counsel Jonathan Sallet to emphasize “the critical importance of data collection regarding the employment impact of the IP Transition Trials,” an ex parte filing said (http://bit.ly/1hsU3mK). Such data would “help ensure that employees can transition to the work on IP networks, and keep quality telecom jobs in the United States,” CWA said.